Terms Used In Florida Statutes > Chapter 732 - Probate Code: Intestate Succession and Wills

• Access: means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, a computer system, a computer network, or an electronic device. See Florida Statutes 815.03
• accommodation: shall include , but is not limited to, any apartment, residential cooperative unit, residential condominium unit, cabin, lodge, hotel or motel room, or other accommodation designed for overnight occupancy for one or more individuals. See Florida Statutes 719.103
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advance directive: means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care or health information, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift made pursuant to part V of this chapter. See Florida Statutes 765.101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means the Agency for Health Care Administration. See Florida Statutes 765.511
• Agricultural chemicals manufacturing facility: means any facility, and any properties or structures associated with the facility, used for the manufacture, processing, or storage of agricultural chemicals classified in Industry Group 287 contained in the Standard Industrial Classification Manual, 1987, as published by the Office of Management and Budget, Executive Office of the President. See Florida Statutes 810.011
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Ammunition: means an object consisting of all of the following:
  (a) A fixed metallic or nonmetallic hull or casing containing a primer. See Florida Statutes 790.001
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Assessment: means a share of the funds required for the payment of common expenses, which from time to time is assessed against the unit owner. See Florida Statutes 719.103
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means , in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership. See Florida Statutes 718.103
• Association: means the corporation for profit or not for profit that owns the record interest in the cooperative property or a leasehold of the property of a cooperative and that is responsible for the operation of the cooperative. See Florida Statutes 719.103
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attending physician: means the physician who has primary responsibility for the treatment and care of the patient while the patient receives such treatment or care in a hospital as defined in…. See Florida Statutes 765.101
• Attorney for the alleged incapacitated person: means an attorney who represents the alleged incapacitated person. See Florida Statutes 744.102
• Audit: means a systematic review of financial and all other documents to ensure compliance with…. See Florida Statutes 744.102
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefits: means arrears of pay, bonus, pension, compensation, insurance, and all other moneys paid or payable by the United States through the United States Department of Veterans Affairs by reason of service in the Armed Forces of the United States. See Florida Statutes 744.604
• Bequest: Property gifted by will.
• Board of administration: means the board of directors or other representative body responsible for administration of the association. See Florida Statutes 719.103
• body part: means an organ, eye, or tissue of a human being. See Florida Statutes 765.511
• Bulk assignee: means a person who is not a bulk buyer and who:
  (a) Acquires more than seven condominium parcels in a single condominium as set forth in…. See Florida Statutes 718.703
• Business relationship: means a relationship between two or more individuals or entities where there exists an oral or written contract or agreement for goods or services. See Florida Statutes 825.101
• Buyer: means a person who purchases a condominium unit. See Florida Statutes 718.103
• Bylaws: means the bylaws of the association existing from time to time. See Florida Statutes 719.103
• Caregiver: includes , but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities as defined in subsection (7). See Florida Statutes 825.101
• Caregiver: means a parent, adult household member, or other person responsible for a child's welfare. See Florida Statutes 827.01
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child: means any person under the age of 18 years. See Florida Statutes 827.01
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• clearinghouse: means the entity within the Institute for Family Violence Studies in the School of Social Work of the Florida State University, which serves as a statewide resource on supervised visitation issues by providing technical assistance, training, and research. See Florida Statutes 753.01
• Clerk: means the clerk or deputy clerk of the court. See Florida Statutes 744.102
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Close personal friend: means any person 18 years of age or older who has exhibited special care and concern for the patient, and who presents an affidavit to the health care facility or to the primary physician stating that he or she is a friend of the patient; is willing and able to become involved in the patient's health care; and has maintained such regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs. See Florida Statutes 765.101
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial horticulture property: means any property that is cleared of its natural vegetation and is planted in commercially cultivated horticulture products that are planted, grown, or harvested. See Florida Statutes 810.011
• Committee: means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the association budget or take action on behalf of the board. See Florida Statutes 719.103
• Common areas: includes within its meaning the following:
  (a) The cooperative property which is not included within the units. See Florida Statutes 719.103
• Common expenses: means all expenses and assessments properly incurred by the association for the cooperative. See Florida Statutes 719.103
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Common surplus: means the excess of all receipts of the association, including, but not limited to, assessments, rents, profits, and revenues on account of the common areas, over the amount of common expenses. See Florida Statutes 719.103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Computer: means an internally programmed, automatic device that performs data processing. See Florida Statutes 815.03
• Computer contaminant: means any set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. See Florida Statutes 815.03
• Computer network: means a system that provides a medium for communication between one or more computer systems or electronic devices, including communication with an input or output device such as a display terminal, printer, or other electronic equipment that is connected to the computer systems or electronic devices by physical or wireless telecommunication facilities. See Florida Statutes 815.03
• Computer system: means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. See Florida Statutes 815.03
• Concealed firearm: means any firearm, as defined in subsection (9), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person. See Florida Statutes 790.001
• Concealed weapon: means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. See Florida Statutes 790.001
• Concurrent custody: means that an eligible extended family member is awarded custodial rights to care for a child concurrently with the child's parent or parents. See Florida Statutes 751.011
• Consent: means intelligent, knowing, and voluntary consent and does not include coerced submission. See Florida Statutes 794.011
• Construction site: means any property upon which there is construction that is subject to building permit posting requirements. See Florida Statutes 810.011
• Conveyance: means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and "to enter a conveyance" includes taking apart any portion of the conveyance. See Florida Statutes 810.011
• Cooperative: means that form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association as the owner of all the cooperative property. See Florida Statutes 719.103
• Cooperative documents: means :
  (a) The documents that create a cooperative, including, but not limited to, articles of incorporation of the association, bylaws, and the ground lease or other underlying lease, if any. See Florida Statutes 719.103
• Cooperative property: means the lands, leaseholds, and personal property owned by a cooperative association. See Florida Statutes 719.103
• Corporate guardian: means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian. See Florida Statutes 744.102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the circuit court. See Florida Statutes 744.102
• Court monitor: means a person appointed by the court under…. See Florida Statutes 744.102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. See Florida Statutes 815.03
• Death: means the absence of life as determined, in accordance with currently accepted medical standards, by the irreversible cessation of all respiration and circulatory function, or as determined, in accordance with…. See Florida Statutes 765.511
• Decedent: A deceased person.
• Decedent: means a deceased individual whose body or body parts may be, or are, the source of an anatomical gift. See Florida Statutes 765.511
• declaration: means :
  (a) A witnessed document in writing, voluntarily executed by the principal in accordance with…. See Florida Statutes 765.101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Children and Families. See Florida Statutes 753.01
• Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 765.511
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Developer: means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include:
  (a) An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy;
  (b) A cooperative association that creates a condominium by conversion of an existing residential cooperative after control of the association has been transferred to the unit owners if, following the conversion, the unit owners are the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion;
  (c) A bulk assignee or bulk buyer as defined in…. See Florida Statutes 718.103
• Developer: means a person who creates a cooperative or who offers cooperative parcels for sale or lease in the ordinary course of business, but does not include the owner or lessee of a unit who has acquired or leased the unit for his or her own occupancy, nor does it include a condominium association which creates a cooperative by conversion of an existing residential condominium after control of the association has been transferred to the unit owners if, following the conversion, the unit owners will be the same persons. See Florida Statutes 719.103
• Devise: To gift property by will.
• Disabled adult: means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living. See Florida Statutes 825.101
• Disinterested witness: means a witness other than a person listed in…. See Florida Statutes 765.511
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means any person engaged in the business of selling sparklers to a wholesaler. See Florida Statutes 791.01
• Division: means the Division of the State Fire Marshal of the Department of Financial Services. See Florida Statutes 791.01
• Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 719.103
• Document of gift: means any of the documents or mechanisms used in making an anatomical gift under…. See Florida Statutes 765.511
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Donor: means an individual who makes an anatomical gift of all or part of his or her body. See Florida Statutes 765.511
• Donor registry: means a database that contains records of anatomical gifts and amendments to, or revocations of, such gifts. See Florida Statutes 765.511
• Dump: means to dump, throw, discard, place, deposit, or dispose of any litter. See Florida Statutes 810.011
• Dwelling: means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. See Florida Statutes 810.011
• Elderly person: means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired. See Florida Statutes 825.101
• Electronic device: means a device or a portion of a device that is designed for and capable of communicating across a computer network with other computers or devices for the purpose of transmitting, receiving, or storing data, including, but not limited to, a cellular telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network and that is actually used for such purpose. See Florida Statutes 815.03
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• End-stage condition: means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective. See Florida Statutes 765.101
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estate: means the property of a ward subject to administration. See Florida Statutes 744.102
• Estate: means income on hand and assets acquired in whole or in part with income. See Florida Statutes 744.604
• Exchange monitoring: means supervision of movement of a child from one parent to the other parent at the start of the visit and back to the first parent at the end of the visit. See Florida Statutes 753.01
• Executor: A male person named in a will to carry out the decedent
• Explosive compound: means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. See Florida Statutes 791.01
• Extended family member: means a person who is:
  (a) A relative of a minor child within the third degree by blood or marriage to the parent;
  (b) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child's parents as an adverse party; or
  (c) An individual who qualifies as "fictive kin" as defined in…. See Florida Statutes 751.011
• Eye bank: means an entity that is accredited by the Eye Bank Association of America or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human eye tissue. See Florida Statutes 765.511
• Facility: means any location providing day or residential care or treatment for elderly persons or disabled adults. See Florida Statutes 825.101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Firearm: means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. See Florida Statutes 790.001
• Fireworks: means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. See Florida Statutes 791.01
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign guardian: means a guardian appointed in another state or country. See Florida Statutes 744.102
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• gift: means a donation of all or part of a human body to take effect after the donor's death and to be used for transplantation, therapy, research, or education. See Florida Statutes 765.511
• Grandparent: shall include great-grandparent. See Florida Statutes 752.001
• Grantor: The person who establishes a trust and places property into it.
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
• Guardian: means any person acting as a fiduciary for a ward's person or the ward's estate, or both. See Florida Statutes 744.604
• Guardian: means a person appointed pursuant to chapter 744. See Florida Statutes 765.511
• Guardian ad litem: means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding. See Florida Statutes 744.102
• Guardian advocate: means a person appointed by a written order of the court to represent a person with developmental disabilities under…. See Florida Statutes 744.102
• Health care: means care, services, or supplies related to the health of an individual and includes, but is not limited to, preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the individual's physical or mental condition or functional status or that affect the structure or function of the individual's body. See Florida Statutes 765.101
• Health care decision: means :
  (a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures and mental health treatment, unless otherwise stated in the advance directives. See Florida Statutes 765.101
• Health care facility: means a hospital, nursing home, hospice, home health agency, or health maintenance organization licensed in this state, or any facility subject to part I of chapter 394. See Florida Statutes 765.101
• Health information: means any information, whether oral or recorded in any form or medium, as defined in Florida Statutes 765.101
• Hospital: means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government or a state, or a subdivision thereof, although not required to be licensed under state laws. See Florida Statutes 765.511
• Identification card: means an official identification card issued by a governmental entity, state agency, or subdivision thereof. See Florida Statutes 765.511
• Improper benefit: means any remuneration or payment, by or on behalf of any service provider or merchant of goods, to any person as an incentive or inducement to refer customers or patrons for past or future services or goods. See Florida Statutes 825.101
• Incapacitated person: means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. See Florida Statutes 744.102
• Income: means moneys received from the United States Department of Veterans Affairs as benefits, and revenue or profit from any property acquired in whole or in part with such moneys. See Florida Statutes 744.604
• incompetent: means the patient is physically or mentally unable to communicate a willful and knowing health care decision. See Florida Statutes 765.101
• Informed consent: means consent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to make a knowing health care decision without coercion or undue influence. See Florida Statutes 765.101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Intellectual property: means data, including programs. See Florida Statutes 815.03
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Law enforcement officer: means :
  (a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;
  (b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;
  (c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;
  (d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;
  (e) All peace officers;
  (f) All state attorneys and United States attorneys and their respective assistants and investigators. See Florida Statutes 790.001
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limited guardian: means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a limited guardian. See Florida Statutes 744.102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Litter: means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container, paper, tobacco product, tire, domestic or commercial appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, or farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. See Florida Statutes 810.011
• manage property: means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income. See Florida Statutes 744.102
• Manufacturer: means any person engaged in the manufacture or construction of sparklers in this state. See Florida Statutes 791.01
• Mentally defective: means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct. See Florida Statutes 794.011
• Minor: means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise. See Florida Statutes 744.102
• Missing: means having whereabouts which are unknown for a period of at least 90 days and not being able to be located after a diligent search and inquiry. See Florida Statutes 752.001
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Next of kin: means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person. See Florida Statutes 744.102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Offender: means a person accused of a sexual offense in violation of a provision of this chapter. See Florida Statutes 794.011
• Office of Economic and Demographic Research: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
• Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
• operation of the cooperative: includes the administration and management of the cooperative property. See Florida Statutes 719.103
• Organ procurement organization: means an entity that is designated as an organ procurement organization by the Secretary of the United States Department of Health and Human Services and that engages in the retrieval, screening, testing, processing, storage, or distribution of human organs. See Florida Statutes 765.511
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
• Persistent vegetative state: means a permanent and irreversible condition of unconsciousness in which there is:
  (a) The absence of voluntary action or cognitive behavior of any kind. See Florida Statutes 765.101
• Person: means an individual, a partnership, a corporation, or an association. See Florida Statutes 744.604
• Personal property: All property that is not real property.
• Physically helpless: means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. See Florida Statutes 794.011
• Physically incapacitated: means bodily impaired or handicapped and substantially limited in ability to resist or flee. See Florida Statutes 794.011
• Physician: means a person licensed pursuant to chapter 458 or chapter 459. See Florida Statutes 765.101
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plenary guardian: means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property. See Florida Statutes 744.102
• political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Preneed guardian: means a person named in a written declaration to serve as guardian in the event of the incapacity of the declarant as provided in…. See Florida Statutes 744.102
• Primary physician: means a physician designated by an individual or the individual's surrogate, proxy, or agent under a durable power of attorney as provided in chapter 709, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Florida Statutes 765.101
• Principal: means a competent adult executing an advance directive and on whose behalf health care decisions are to be made or health care information is to be received, or both. See Florida Statutes 765.101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Procurement: means any retrieval, recovery, processing, storage, or distribution of human organs or tissues for transplantation, therapy, research, or education. See Florida Statutes 765.511
• Procurement organization: means an organ procurement organization, eye bank, or tissue bank. See Florida Statutes 765.511
• Professional guardian: means any guardian who has at any time rendered services to three or more wards as their guardian. See Florida Statutes 744.102
• Property: means anything of value as defined in…. See Florida Statutes 815.03
• Property: means anything of value and includes:
  (a) Real property, including things growing on, affixed to, and found in land. See Florida Statutes 825.101
• Property: means both real and personal property or any interest in it and anything that may be the subject of ownership. See Florida Statutes 744.102
• provider: means any person licensed, certified, or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession. See Florida Statutes 765.101
• Proxy: means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to…. See Florida Statutes 765.101
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonably available: means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Florida Statutes 765.101
• Reasonably available: means able to be contacted by a procurement organization in a timely manner without undue effort, and willing and able to act in a manner consistent with existing medical protocols necessary for the making of an anatomical gift. See Florida Statutes 765.511
• Recess: A temporary interruption of the legislative business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 765.511
• registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Residential cooperative: means a cooperative consisting of cooperative units, any of which are intended for use as a private residence. See Florida Statutes 719.103
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail. See Florida Statutes 791.01
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Seasonal retailer: means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year. See Florida Statutes 791.01
• Secretary: means the Secretary of Veterans Affairs as head of the United States Department of Veterans Affairs or her or his successor. See Florida Statutes 744.604
• Serious personal injury: means great bodily harm or pain, permanent disability, or permanent disfigurement. See Florida Statutes 794.011
• Services: means anything of value resulting from a person's physical or mental labor or skill, or from the use, possession, or presence of property, and includes:
  (a) Repairs or improvements to property. See Florida Statutes 825.101
• Sexual battery: means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. See Florida Statutes 794.011
• signed: means , with the present intent to authenticate or adopt a record, to execute or adopt a tangible symbol, or attach to or logically associate an electronic symbol, sound, or process with the record. See Florida Statutes 765.511
• Sparkler: means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. See Florida Statutes 791.01
• Special assessment: means any assessment levied against unit owners other than the assessment required by a budget adopted annually. See Florida Statutes 719.103
• Standby guardian: means a person empowered to assume the duties of guardianship upon the death or adjudication of incapacity of the last surviving natural or appointed guardian. See Florida Statutes 744.102
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• storage facility: means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or body parts. See Florida Statutes 765.511
• structure: means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft. See Florida Statutes 806.01
• Structure: means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. See Florida Statutes 810.011
• Supervised visitation program: means a program created to offer structured contact between a parent or caregiver and one or more children in the presence of a third person responsible for observing and ensuring the safety of those involved. See Florida Statutes 753.01
• Surgeon: includes dental or oral surgeon. See Florida Statutes 765.511
• Surrogate: means any competent adult expressly designated by a principal to make health care decisions and to receive health information. See Florida Statutes 765.101
• Surrogate guardian: means a guardian designated according to…. See Florida Statutes 744.102
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Terminal condition: means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death. See Florida Statutes 765.101
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Tissue bank: means an entity that is accredited by the American Association of Tissue Banks or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human tissue. See Florida Statutes 765.511
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Totally incapacitated: means incapable of exercising any of the rights enumerated in…. See Florida Statutes 744.102
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Unit: means a part of the condominium property which is subject to exclusive ownership. See Florida Statutes 718.103
• Unit: means a part of the cooperative property which is subject to exclusive use and possession. See Florida Statutes 719.103
• United States Department of Veterans Affairs: means the United States Department of Veterans Affairs or its predecessors or successors. See Florida Statutes 744.604
• Value: means value determined according to any of the following:
  (a)1. See Florida Statutes 825.101
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
• Victim: means a person who has been the object of a sexual offense. See Florida Statutes 794.011
• Voting interests: means the voting rights distributed to the association members as provided for in the articles of incorporation. See Florida Statutes 719.103
• Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
• Ward: means a beneficiary of the United States Department of Veterans Affairs. See Florida Statutes 744.604
• Weapon: means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. See Florida Statutes 790.001
• Wholesaler: means any person engaged in the business of selling sparklers to a retailer. See Florida Statutes 791.01